THE CRIMINAL DISTINCTIVENESS OF THE VICTIM’S CONSENT IN THE HUNGARIAN LAW PRACTICE

Ervin Belovics

Abstract


We can conclude that the Hungarian Penal Code does not include statutory regulations fore the consent of the aggrieved person. To be able to adopt this instrument The judicial practice made this legal institution applicable by developing its conditions and background. Given that the consent of the aggrieved person restricts the scope of criminal liability I do consider that this institution is agrees with the requirements of the sate constitution. I would also like to point out that several authors

1) are on the opinion that the consent of the injured person should be regularized with a statutory rule to ensure the requirements of legal certainty. However, the new Penal Code, that is currently in the phase of public harmonization, does not include it, either.

 

 


Keywords


According to volenti non fit iniuri, the famous thesis of Ulpianus (Digesta 47.10.1.5.), the ground to exclude culpability, today can still impede criminal liability in Hungarian law of order.

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